TOMS RIVER – A civil lawsuit has been filed against the New Jersey Division of Child Protection and Permanency (DCPP) by the mother of Corey Micciolo, a six-year-old boy whose father faces charges of murdering him in 2021.
Attorney Chris Conrad, who represents Breanna Micciolo individually and as the representative of the Estate of Corey Micciolo, said that DCPP is the mechanism by which children are supposed to be protected from harm. He added that they completely failed in their responsibility to do so.
“DCPP is supposed to be the last line of defense for children who are being abused or neglected,” Conrad said. “But in this case, they completely failed Breanna and Corey. They let them down, and they paid the ultimate price.”
The lawsuit, filed in Superior Court in Ocean County, alleges that DCPP failed to protect Corey from his father, despite multiple reports of abuse and neglect. Additionally, the legal complaint names individuals who are presumed to be DCPP employees involved in Corey’s case. As discovery in the civil matter progresses, other members of the agency may also be individually sued.
Christopher Gregor, Corey’s father, is currently detained in Ocean County Jail, awaiting trial on charges of both child endangerment and murder. Conrad said that Corey’s suffering and death could have been avoided had DCPP acted appropriately in the child’s best interests.
While many cases against the state agency come with challenges, Conrad said the circumstances leading to Corey’s death are particularly disturbing.
“We have to prove that the conduct was palpably unreasonable,” shared Conrad. “We have no doubt that we will be able to prove by a preponderance of the evidence that the inactions or the half-actions of DCPP in failing to respond promptly and fully to repeated complaints of abuse is shocking to the conscience.”
“Frankly, one of the things we are looking for as Justice for Corey,” Conrad continued. “Is also to make sure that this doesn’t happen to another child.”
Court papers allege that DCPP had actual notice of a number of incidents, beginning in or before September of 2019, through April of 2020, through March 20, 2021, and up until Corey’s death on April 2, 2021. At least one of the incidents is documented on a video, which authorities claim depicts Gregor abusing Corey in the gym of an apartment complex in Barnegat.
According to Conrad, Corey’s tragic death could have been avoided had it not been for the egregious conduct of the agency charged to look out for his welfare. The attorney said the claim filed on Corey’s behalf was for the suffering he went through before his death.
“Corey sustained continued verbal, emotional and physical abuse before he passed,” said Conrad. “That’s not to be forgotten. We cannot lose focus on the fact that Corey suffered and for a long time, and that there is no excuse.”
The wrongful death portion of the lawsuit seeks to recover damages for the losses suffered by Corey’s estate and the people he left behind. Breanna and Corey’s grandmother, Rebecca, have both suffered devastating losses as a result of Corey’s death.
As part of the legal process, Breanna had to give Christopher Gregor notice of her intentions to act as the representative of Corey’s estate. An attorney representing Corey’s paternal grandfather, David Gregor filed an objection and asked that he be named instead.
Conrad said the court ruled against the grandfather, saying there was a clear conflict of interest.
No trial date has been set in the criminal case, although a new status conference is scheduled for May 30, 2023.
